Realized we made a mistake and want to break lease -- Advice? (apartment, rental)

[sp2011]

Originally Posted by bluedog2

They will rent out every one of their other apartments that is available or that comes available before they even think of bothering to rent out yours. Why should they rent out your apartment if they have empty apartments of their own to rent and they have you by the balls ?

There is no guarantee you might not wind up being responsible for 6 or more months rent,especially since people don't tend to rent and move in November thru April.

Ok, either way, let's say they sue us for the 2 years worth of rent, would we get to pay like a monthly installment or do we have to pay it like we're actually paying rent there? The latter would make zero sense, because we're paying rent at our current place and now we have to pay rent at their place too?? If its like a monthly installment of like $300-$500 or something then that's a little reasonable, but $1475 every month ON TOP of the $1150 we're paying for where we currently live?

[Mr. Klato]

Do you have the keys to the APT? If so, you have possession of the apt.

You are in possession of the Apt until the lease expires in 2 years. If you want to break the lease, you would have to give possession back to the landlord but you are still liable to pay rent until the landlord finds a new tenant. The landlord has to try to find a new tenant. He does not have to go above and beyond for your benefit. Depending on the area, the landlord can make it seem that it's difficult to find a replacement in the area and make you pay for a good amount of time.

I would suggest a real estate lawyer or working with the landlord ASAP. The contract is already effective (the lease began on 9/1/11) so you can mitigate the damages for both parties if you do it soon.

Breaking Lease Agreement

[luvnyc]

Remember the op can also try to find someone to take over the apartment, of course with the acceptance and agreement of the LL.

[jcoltrane]

Originally Posted by sp2011

The agent said they don't break leases at all, but that's not what the lease says in what I quote above. So I don't understand? I've asked a few people already and they said they can't legally make us keep paying rent until they find a new person to live there. Even my current landlord (at the place we were moving from) stated this, I also asked a lawyer friend of mine he said his specialty isn't real estate but he doesn't believe they can do that but it also depends on what city the apt is in.

Can anyone shed some light on this subject?

First neither you, your friends, LL, nor the atty, know the law, pertaining to this matter.

You do realize that you signed a Lease Agreement, a legal contract. How is it that you choose to feel that you are not responsible for the contract you signed?

How is it that you feel you shouldn't be responsible and held to the terms of the contract?

Second, learn to read more accurately. The provision of the lease quoted relates to circumstances and actions which the Tenant/YOU can cause which will breach the lease agreement and consequently will release the LL from obligation to the Tenant/YOU.

For example, don't pay your rent and the lease is breached; then, if the LL so chooses he can evict even though the term period of the lease has not expired.

Don't move in, and 15 days beyond the move in date, the lease is breached. It is the LL's perogative whether to take any action. He may choose not to, and in your case it appears he has not.

All the items pertain to Tenant breaches and the LL's consequent perogative.

****

NOW, regarding your obligations to the LL, as set forth in the Lease Agreement,

You are obligated to complete the terms of the agreement, to pay the specified amont, monthly, for the life of the agreement, 2 years.

If you wish to prematurely terminate the agreement, you cannot do so without the LL's permission and agreement.

It appears the LL is willing to release you from the agreement, but will hold you liable for the monthly rent until a replacement tenant, satisfactory to the LL, is secured.

You must comprehend, legally, it is YOUR responsibility to secure a satisfactory replacement tenant. It is NOT the responsibility of the LL!

Also, legally, the LL is only required to accept a replacement tenant that meets his satisfaction. You may present a potential replacement tenant, that you may deem satisfactory, but the LL does not. The LL is not obligated to accept that replacement. Any replacement tenant MUST meet the LL's satisfaction to a reasonable degree and circumstance, as determined by a court.

You are responsible for September and October rent, and all rent until a satisfactory replacement tenant is found.

Security is NOT rent, it is an amount held against any potential damage to the property. Since you did not occupy the premises there s/b no damages and the security amount s/b returned to you fully.

In fulfilling your responsibility to secure a replacement tenant, you may place advertisements or whatever is necessary to obtain an applicant. The applicant-tenant will be vetted by the LL or his Agent. Upon approval, you will continue to be responsible for the monthly rent until the date of the replacement tenant's lease. At which point, you s/b presented with a formal 'Release' signed, by the LL or his Agent, releasing you from any further obligation.

You can choose not to actively persue a replacement tenant, leaving the responsibility to secure a replacement tenant to the LL or his agent. If you do so, you will continue to be responsible for the monthly rent until the date of the eventual repalcement tenant's lease.

If you, irresponsibly, choose to 'abandon' the apartment, ignoring your lease, you will continue to be responsible for the lease terms and the monthly rent. In this circumstance the LL has a legal obligation to 'mitigate' the circumstance by securing a satisfactory replacement tenant by his own efforts.

If you 'abandon' the apartment, the LL will be obligated to commence an eviction proceeding for nonpayment of rent, secure a Judgment and Warrant of Eviction; and, to have a Marshal execute the Warrant, in order to legally regain possession of the premises. You will be responsible for any and all costs, including court, attorney, and marshal, fees pertaining to the action.

The above costs and fees will be in addition to any rents owed at the issuance of the Judgment. Normally, courts limit a LL's damage to 3 months rent, but the amount will be whatever a Judge finds to be reasonable.

You can avoid the above costs and fees by advising the LL of your termination of the lease, your release of the premises, along with the return of the keys. Again, you will remain obligated for the monthly rent until a satisfactory replacement tenant is secured.

At the time you advise of your termination and release of the premises, it would be adviseable to seek a Release Agreement from the Lease in exchange for an amount satiasfactory to the LL. If this amount is equal to 3 months rent or less, it w/b prudent to accept the offer and to secure the Release Agreement. In which case, the entire matter w/b completed and finalized. The LL will be satisified as to the entire matter, and you, the tenant, will be released from any further obligation in regard to the Lease Agreement.

Lesson learned, and in the future, be wise when choosing to obligate yourself and your finances. Never shirk your obligations, but choose to met them in the most responsible manner possible. There is always a way. It is always about becoming responsible adults and an example to your (future) children. Responsibility is a habit, well to develop early.

Luck!

[sp2011]

jcoltrane,

I see what you're saying, but would a Judge really make us pay our rent PLUS their rent every month?

A monthly installment I can see, but the exact rent amount on the 1st of every month?

[nightcrawler]

funny thing is, there are always tenants waiting for apartments. The LL make it like they are going to lose so many months rent.

Our building people move out, LL paints the apartment and it seems like before the paint is even dry, new tenants are moving in......

I would think it more trouble for a LL to sue a tenant moving early, than to just paint and have another one just move in.

[sp2011]

nightcrawler,

yeah, the apartment has been untouched since the beginning of the lease on Sept. 1st. It's a freshly remodeled apartment with a river view, no dents, no scrapes, we haven't even flushed the toilet or used anything in there. We brought like 4-5 small boxes in a couple weeks ago because our plan was to do a "steady" move in, so to speak, we did not unpack the boxes though. But we just picked those boxes up today and brought them back. There's no furniture there or nothing.

All we have to do is give them the keys back. I'm so scared now that we're going to have to pay that apartment's rent and our apartment's rent, for God knows how long. I hope that's not the case.

[sheaosaurus]

All I can say is this: DO NOT LET THE LANDLORD TAKE YOU TO COURT. It will show up on your record and you will have a very hard time getting another apartment in this city.

[jcoltrane]

Originally Posted by sp2011

jcoltrane,

I see what you're saying, but would a Judge really make us pay our rent PLUS their rent every month?

What do you mean "every month"?

You'll only be liable for the month's the apartment isn't rented. As I said, courts require the LL to mitigate his circumstance. As a consequence, generally, courts find 3 months to be a 'reasonable' time to find a replacement tenant.

So, on average, 3 Months rent is what you s/b liable for, given the apt isn't rented sooner, and there are no time consuming mishaps on your part.

I believe you said you haven't given the keys back, correct? Why are you holding onto them? The longer you hold the keys the more it will cost you.

Take some pictures and put an ad onto Craigslist now (no fee apt). Give the keys back tommorrow, and tell them you will be showing the apt, and that you need the office to provide you entry. Do not neglect to do things in WRITING!

Understand, you signed a Contract, the court's job is to enforce the Contract within the law. It is not the court's concern that you have to pay rent where you are living and where you are not.

[Mr. Klato]

Originally Posted by sp2011

nightcrawler,

yeah, the apartment has been untouched since the beginning of the lease on Sept. 1st. It's a freshly remodeled apartment with a river view, no dents, no scrapes, we haven't even flushed the toilet or used anything in there. We brought like 4-5 small boxes in a couple weeks ago because our plan was to do a "steady" move in, so to speak, we did not unpack the boxes though. But we just picked those boxes up today and brought them back. There's no furniture there or nothing.

All we have to do is give them the keys back. I'm so scared now that we're going to have to pay that apartment's rent and our apartment's rent, for God knows how long. I hope that's not the case.

You have the keys to the apt;therefore, you have possession of the Apt. You will pay the monthly rent until a replacement tenant is found or you make an agreement with the landlord. (you and the landlord agree that X months rent is an appropriate amount for the breach of contract) You need to talk to the landlord ASAP to figure out how they want to handle the breach of contract.

You will be paying your current apt and the vacant apt rent.